Dismissed

Saragada Narasayya Reddy v. Dingu(Saragada) kanaka Mahalakshmi

Andhra Pradesh HC15 Feb 2024CRP/152/2024

Case brief

AI extract

What is this about?

Revision petition seeking to strike off a plaint in a pending suit on maintainability grounds. The court noted no plaint-rejection order existed from the trial court and held the petitioner should move the court below instead. The revision petition was dismissed without costs.

What did the court decide?

None granted; petitioner given liberty to file appropriate application before the court below. No costs.

Saragada Narasayya Reddy Vs Dingu(Saragada) kanaka… — Property and Title | Andhra Pradesh HC (2024)

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1 '%

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.-it

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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FRIDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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CIVIL REVISION PETITION NO: 152 OF 2024

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Petition under Article 227 of the Constitution of India, praying the High Court may be pleased to strike off the plaint^{inOSNo56of2023on} the file of the Principal District Civil Judge, Vizianagaram^{andallowtheCivil} Revision Petition. N

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Between:

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Saragada Narasayya Reddy, S/o late Appanna, Hindu, aged about 80 years, R/o D No 11-10-1, Bondada Street, Vizianagaram^District

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...Petitioner AND ii

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Dingu(Saragada) kanaka Mahalakshmi, W/o Chittibabu, Hindu, aged about 53 years, R/o D No 7-42-163/5, Sabbivari Street, Sangivalasa, Bheemunipatnam, Visakhapatnam.

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Saragada (Baki) Kanchana, W/o Late Bhaskar Reddy, Hindu, Aged about 38 years, R/o D No 11-10-1, Bondada Street, Vizianagaram

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District. Presently residing at D No 31-3-34, Akkayapalem, Visakhapatnam

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Saragada Takshay Reddy, S/p late Bhaskar reddy, Hindu, aged about 15 years, R/o D No 11-10-1, Bondada street, Vizianagaram^District. Presently residing at D No 31 -3-34, Akkayapalem, Visakhapatnam

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Saragada Varun reddy, S/o late Bhaskar reddy, Hindu, Aged about 14 years, R/o D No 11-10-1, Bondada street, Vizianagaram^District. Presently residing at D No 31-3-34, Akkayapalem, Visakhapatnam

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(The Respondents No 3 and 4 being minors Rep by their mother and natural guardian i.e., 2nd respondent)

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to appoint the 2nd Respondent as guardian of Respondents No. 3 and 4 in this CRP in the interest of justice.

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lA NO: 2 OF 2024

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Petition under Section 151 CPC praying that in the-circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in OS No: 56 of 2023 on the file of the PrI District Civil Judge, Vizianagaram pending disposal of the CRP in the interest of Justice.

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Counsel for the Petitioner: Sri. Bonu Rama Shankar Rao

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Counsei for the Respondents: None Appeared

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The Court made the foiiowing:

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[3329 ]

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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FRIDAY ,THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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CIVIL REVISION PETITION NO; 152 OF 2024

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Between:

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Saragada Narasayya Reddy, S/o late Appanna Hindu aged about 80 years, R/o D No 11-10-1. Bondada street, Vizianagaram Dist

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..PETITIONER(S)

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AND

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Dingu(Saragada) kanaka Mahalakshmi, w/o Chittibabu Hindu aged about 53 years, R/o D No 7-42-163/5, Sabbivari Street, Sangivalasa, Bheemunipatnam, Visakhapatnam.

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Saragada (Bald) Kanchana, W/o Late Bhaskar Reddy Hindu Aged about 38 years, R/o D No 11-10-1, Bondada Street, Vizianagaram District. Presently residing at D No 31-3-34, Akkayapalem, Visakhapatnam

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Saragada Takshay Reddy, S/o late Bhaskar reddy Hindu aged about 15 years R/o D No 11-10-1, Bondada street, Vizianagaram District. Presently residing at D No 31 -3-34, Akkayapalem, Visakhapatnam

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Saragada Varun reddy, S/o late Bhaskar reddy Hindu Aged about 14 years, R/o D No 11-10-1, Bondada street, Vizianagaram District. Presently residing at D No 31-3-34. Akkayapalem, Visakhapatnam (The respondents No 3 and⁴ being minors Rep by their mother and natural guardian^ie 2nd respondent)

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...RESPONDENTS

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Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased topleased^tostrikeoff

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the plaint in OS No 56 of 2023 on the file of the the Prl District Civil Judge -.Vizianagaram allow the Civil Revision Petition and pass

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lA NO; 2 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed' in support of the petition, the High Court may be pleased pleased to grant stay of all further proceedings in OS No 56 of 2023on the file of the the Prl District Civil Judge Vizianagaram pending disposal of the CRP in the interest of justice.

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lA NO; 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to appoint the 2nd respondent as guardian respondents No. 3 and 4 in this CRP in the interest of justice.

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Counsel for the Petitioner(s):SRI. BONU RAMA SHANKAR RAO

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Counsel for the Respondents:

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The Court made the following:

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Heard the learned counsel for the petitioner.

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The present Revision Petition is filed without there being any order from the court below for rejection of the plaint by the Court below.

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The learned counsel for the petitioner contends that since the plaintiff in the suit is not at all the legal heir of the defendant, the suit itself is not maintainable. If that would be the contention of the learned counsel for the petitioner, the petitioner ISⁱ at Liberty

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r-i

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to file appropriate application for rejection of plaint before the Court below.

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In view of the said submission, the present Civil Revision Petition is dismissed. However, the petitioner is at liberty to file appropriate petition before the court below. There shall be no order as to costs.

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As a sequel, miscellaneous petitions, if any pending,^shall stand closed.

Sd/- U SRI DEVI

ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Principal District Civil Judge’s court, Vizianagaram, Vizianagaram District, (with records if any)

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One CC to Sri. Bonu Rama Shankar Rao, Advocate [OPUC]

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The Section Officer, V.R. Section, High Court of A.P. at Amaravathi.

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Two CD Copies

HIGH COURT

DATED: 16/02/2024

ORDER

CRP.No.152 of 2024

a: 0 2 JUL 202^ asm
% -^.•y
^ . Current Section __>

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DISMISSING THE CRP WITHOUT COSTS

Saragada Narasayya Reddy v. Dingu(Saragada) kanaka Mahalakshmi

Case brief

What is this about?

What did the court decide?

Saragada Narasayya Reddy v. Dingu(Saragada) kanaka Mahalakshmi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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